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(영문) 인천지방법원 2016.11.24 2016고단6514
업무방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

around 17:30 on July 16, 2016, the Defendant, “2016 Man-Ma5257,” sent a door door to a restaurant operated by the victim D (the 50-year-old) in Nam-gu Incheon Metropolitan City, Seoul, with no justifiable reason, and took a bath to customers at the same time with the large voice “spactpact and spacts,” and interfered with the victim’s restaurant business by force for about 40 minutes.

"2016 Highest 6514"

1. 업무방해 피고인은 2016. 9. 29. 14:20경 인천 남동구 E에 있는 피해자 F이 운영하는 ‘G’ 식당에서, 술에 취해 아무런 이유 없이 피해자에게 “야. 이 썅년아. 개년아.”라고 큰 소리로 욕설을 하면서 그곳에 있는 다른 손님들에게 시비를 거는 등 행패를 부려 손님들을 나가게 함으로써 약 30분간 위력으로 피해자의 식당 영업 업무를 방해하였다.

2. On September 29, 2016, around 15:35, the Defendant: (a) expressed a desire to “G” restaurant under the foregoing paragraph (1) of the same Article; (b) expressed that the Defendant, under the influence of alcohol, recommended the Defendant to return home to the Defendant, a police officer belonging to the H district of the Incheon Southern Police Station, who was called to the site after receiving a report of 112 that the Defendant would escape from disturbance; and (c) expressed a desire to “nick the police officer, who is a police officer, I will do so. I will do so. I will do so; and (d) assault the Defendant several times of drinking.”

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in regard to the handling of 112 reported cases.

3. At around 18:10 on September 29, 2016, the Defendant: (a) was arrested and detained as a flagrant offender in the Incheon Southern-dong Police Station and the Criminal Party Office located at 668, Nam-dong, Incheon, Nam-gu, Incheon, and the Criminal Party Office; (b) during the process of asking the personal information of the victim J who is the police officer belonging to the above police station; (c) in order to protect several persons, such as Ch. K, the Defendant made a public insult the victim by openly insulting the victim.

(i) the evidence;

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